Bracton: Thorne Edition: English. Volume 3, Page 406

Harvard Law School Library

Bracton Online -- English

Volume 3, Page 406

Next

Go to Volume: Page:

[001] men, rents, houses, woods or gardens which she holds in dower of the inheritance of
[002] such a one in such a vill to his disinheritance, lest we hear further complaint thereof
[003] etc. Witness etc.’ And let him sue the writ in good time, lest by his negligence he
[004] incur damage, for it is better to oppose in time etc.¹ If she does not then desist,
[005] she must be attached by this writ.

If she does not desist from committing waste, then let a writ for attaching the woman issue in this form.

[007] ‘The king to the sheriff, greeting. If such a one has made you secure with respect to
[008] prosecuting his claim, then put such a one by gage and safe pledges etc. to be before
[009] us or before our justices on such a day at such a place to show why she committed
[010] waste, sale and exile of the lands, men, rents, houses, woods or gardens which she
[011] holds in dower of the inheritance of such a one in such a vill, contrary to our prohibition.
[012] And have there the names of the pledges and this writ. Witness etc.’ If
[013] on the other day she does not appear, let the series of attachments be observed until
[014] she does come,² provided that she may, if she wishes, have a single essoin of difficulty
[015] in coming after the first attachment.

When, after delays, she appears.

[017] When after the delays she appears, let the plaintiff put forward his intentio in this
[018] way. ‘Such a one (a kinsman or friend) complains that though such a woman holds
[019] so much land in such a vill in the name of dower, she committed such waste and such
[020] destruction, [namely], that she sold such lands or villeins, has thrown down so many
[021] houses and sold so much timber, [and] uprooted the garden in the aforesaid land
[022] to the disinheritance of such a one, the heir, to the value of so much.’ And let him
[023] produce suit.

She may answer the plaint in this way.

[025] To this the woman may answer in many ways, thus: ‘And such a one comes and
[026] denies waste, sale, and exile against such a one and his suit. And that she sold nothing
[027] therefrom, nor did anything to the disinheritance of the aforesaid heir.’ [Or] she
[028] may acknowledge that if houses have fallen in on account of age, she built better
[029] ones there, or if she took something from the wood, she took no more than her
[030] rightful estovers for burning, fencing, and building within the land she holds in the
[031] name of dower, not outside it. And that she took nothing more, nor in any other
[032] way, she may put herself on an inquest of the country, though some say that she

Notes

1. C. 3.27.1: ‘Melius enim est occurrere in tempore quam post exitum vindicare’; infra iv, 280

2. Infra iv, 365; B.N.B., no. 461